Ruminations

Blog dedicated primarily to randomly selected news items; comments reflecting personal perceptions

Sunday, June 17, 2012

Sovereign Privilege/Diplomatic Immunity

Members of the international diplomatic community have immunity from prosecution in the countries to which they are assigned as diplomatic delegates of their country.  Usually diplomatic staff pick up nasty little citations for traffic offences, mostly for parking where they should not.  Sometimes the embassies to which they are attached pay the fines, and often enough they do not.  And the municipalities where the embassies are located really can do nothing about it, since they have diplomatic immunity.

Diplomatic immunity, by and large, is a good thing.  Remember that old adage: don't shoot the messenger?  Well, that 'messenger' referred to was usually a foreign national representing his/her country abroad.  And, in long-gone days, royalty was known to commit to death emissaries of a foreign country with which they might have become right royally displeased.  For example, at times of conflict. Until such time as a code was invoked to spare the lives of such emissaries.

The Vienna Convention on Diplomatic Relations ensures the safety and well-bring of foreign emissaries.  Those foreign emissaries, on the other hand, are expected to obey the laws of any country they happen to be posted to.  Very serious crimes merit special attention; usually the host country looks to the foreign country of which the diplomat is a citizen for guidance in prosecuting their own.  Breaking off relations usually results in an expulsion of a diplomat.

People with diplomatic immunity as a result of their appointed political position as an emissary are expected by their country to behave in an exemplary manner following the customs of the country they are posted to, respecting their laws, and furthering the interests of their own country within the alien one. Given human nature it is natural enough for people to occasionally overlook their obligations and feel themselves to be entitled to behaviour otherwise not acceptable.

As a Commonwealth country it is customary for Canada to appoint a state representative to act in lieu of the English Monarch who is Canada's formal head of state.  There are appointments made on the federal and provincial levels for those individuals to act in ceremonial roles on behalf of the Queen of England who happens also to be Queen of Canada and all other Commonwealth countries.

In Quebec a lieutenant-governor was appointed who has been identified post-appointment as having illegally claimed expenses to the tune of $700,000 entirely unrelated to her posting mandate.  Former lieutenant-governor for Quebec, Lise Thibault, has been found guilty on two counts each of breach of trust, fraud and creating false or counterfeit documents.


She has invoked the privilege of immunity as an ex-viceroy.  Claiming that as the Queen's former representative in Canada she should be immune from prosecution on fraud charges, through sovereign privilege.  The Monarchist League of Canada has decided not to intervene, but to remain neutral, believing that no one is above the law, including royalty and its representatives.


Rather a refreshing take on the matter.  Clearly, the provincial appointment hardly anticipated that this would result in someone taking criminal advantage of a royally privileged role.  And clearly, the queen, were she to hear of this, would certainly not be amused.

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